(A) Customer safety information provided. At the point of sale, each purchaser of consumer fireworks shall be provided with safety information complied by the State Department of Public Safety, State Fire Marshal Division, or other safety information as directed by the City Manager or designee or City Council.
(B) Maintenance of order. A licensee under this subchapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
(C) Maintenance of storage areas; permissible amounts of consumer fireworks. Any significant deviation, enlargement, or alteration from the approved site plan for the storage areas covered by the license must be pre-approved in writing by the city’s Fire Department. The total quantity of consumer fireworks stored on any property shall not exceed 100 pounds. Buildings used for the storage of consumer fireworks shall be one-story, without a basement, nonresidential, and fully protected by an automatic fire sprinkler system. Buildings used for the storage of consumer fireworks that are also used for other purposes shall store the consumer fireworks in a room or area used exclusively for the storage of consumer fireworks having interior walls with a minimum fire-resistance rating of one hour and having doors with a minimum fire-resistance rating of 45 minutes. Buildings used for the storage of consumer fireworks must be located at a minimum distance of 70 feet from inhabited buildings and 35 feet from public highways and other storage buildings.
(D) Retail sale displays. Any and all displays of consumer fireworks for retail sale must meet the standards and requirements provided in National Fire Protection Association Standard 1124 (2003 edition).
(E) Smoking prohibited. A licensee under this sub chapter must strictly prohibit any cigarette, cigar, or pipe smoking in or around the licensed premises and conspicuously post and maintain appropriate “NO SMOKING” signage throughout.
(F) Prohibited transactions. No licensee, clerk, agent, or employee thereof shall sell, distribute, or furnish any consumer fireworks to a minor, to any person who is obviously intoxicated, chemically impaired, or incompetent, or to any person who fails to present competent age identification in the form of a current, valid state driver’s license, current, valid state identification card, or current, valid photo driver’s license or photo identification issued by another state or a province of Canada.
(G) Inspection of items. The licensee must, at all times during the term of the license, allow the authorized agents of the city, Fire Department, and Police Department, to enter the premises where the licensed business is located, including all display areas, storage areas, and all approved off-site storage facilities, during normal business hours, or beyond normal business hours where the inspector determines an emergency situation exists, for the purpose of inspecting the premises and inspecting the items, wares, and merchandise therein for the purpose of verifying compliance with the requirements of this subchapter, and any other applicable state and federal regulations. Upon request, the licensee must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise.
(H) Proper disposal of unsold consumer fireworks. It shall be the responsibility of the licensee to properly dispose of all unsold permitted consumer fireworks. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the property owner, and the city may levy the amount of the cost plus interest as a special assessment against the property to which the costs pertain.
(I) Confiscation and destruction of illegal fireworks. Any authorized agent of the Fire Department or Police Department may seize, take, remove, or cause to be removed all stocks of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this subchapter or applicable state or federal law. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the property owner, and the city may levy the amount of the cost plus interest as a special assessment against the property to which the costs pertain.
(Prior Code, § 111.380) Penalty, see § 114.99